• 🇳🇿 🇲🇲 🇯🇵 🇨🇳 🇦🇺 🇦🇶 🇮🇳
    Australian & Asian
    Drug Discussion


    Welcome Guest!
    Posting Rules Bluelight Rules
  • AADD Moderators: swilow | Vagabond696

caught driving under influence of cannabis

bryanjames

Bluelighter
Joined
May 30, 2003
Messages
15
Here's the background info:
(NSW, Australia)

A friend smoked 1 cone, and whilst driving home got pulled over by police and they suspected that he was under the influence of cannabis. They told all passengers to leave the car and then searched their clothing and the car extensively. They didn't find any drugs/paraphenalia, however they took the driver to the nearest hospital to have a bloodtest.


There are probably many things they should have done to avoid this from happening, however i am wondering what can be done to avoid penalties.

Are blood tests accurate enough to tell when cannabis is smoked and whether the driver was under the influence at the time he was caught?
 
i have no idea but i would have got a lawyer before i allowed them to blood test me.......
was he acctually under arrest or did they just say 'we want a blood test'
something does not seem right about that.....
what had they done to get pulled over?
DfI;)
 
They were pulled over because one of the passengers freaked out when they saw the cops were driving past and the cops followed them and started flashing their lights.

I don't think he was arrested. The cops apparently didn't give him the option of getting a lawyer, they made this seem to be standard procedure.

There was no "do you mind if we search your car?" either.... it was a command: "step out of the car so we can search it"
 
I'm told he should have been allowed access to a lawyer. Did he request one though? Because if he didn't, the police will argue in their defense that it's not up to them to point out to him he's allowed to speak with a lawyer - it's up to him to know his rights, and to request them. Thus the onus of not contacting a lawyer would lie with him...

Anyway, good luck with it!
 
now IMO thats a major fuckeing abuse of police power.......
I'd be following it up with my own legal action if anything bad came of it
DfI;)
 
it's up to him to know his rights, and to request them
ah no, its up to the police to, during arrest, inform the "suspect" of their rights and to ensure they are understanding of them.
 
Couldn't you fight the charge on the grounds that thc or whatever stays in the blood stream for like a month after smoking, without the physical effects still being present?
 
its still an illegal substance...... its the same deal with the drug driving tests coming in, even when you are no longer impared by the substance you can still get caught....

off the topic: eddi spgeddi that avatar is mad....
i thought i was still fucked for a second..lol
DfI;)
 
I think if you are going to take anything and risk driving it's your own fault if you get caught.
 
eddi spgeddi said:
ah no, its up to the police to, during arrest, inform the "suspect" of their rights and to ensure they are understanding of them.

That's the case if you're arrested, yes. Re-read bryanjames' posts - he doesn't think that the person in question was arrested, and considering the events described, it doesn't sound like an arrest took place.
 
the thc will show up on the test, although your friend will probably get a fine for having thc in his blood. but the test wont be able to tell when he's had the thc (i think it shows that you've had the thc within the past month or something),

therfore they wont know if your friend was high while driving that night.
 
dfi said:
now IMO thats a major fuckeing abuse of police power.......
I'd be following it up with my own legal action if anything bad came of it
DfI;)

I'm not sure about the drug driving laws, but police do have the right to search you or your vehicle if they have reason to believe you are in posession of any illegal drug. At this stage you're not under arrest - no rights need to be informed.

Theres stacks of pamphlets floating around on campus - 'police powers - your rights'. Well worth reading and getting clued up about these sorts of things in general.

I'd say that if the blood test returns positive for cannabis, don't think about taking up legal action against the jacks. It'd be futile - you've been proven legally to be in the wrong - even if cannabis really isn't that impairing on driving.
 
Bollocks

"A fucked up abuse of police power" to blood test someone who is driving a vehicle while stoned??

That's garbage.

Further, assuming your friend getting a lawyer (ie he knew who to call, he in a very unblikely scenario got a lawyer to come out to the blood test) he still COULD NOT refuse the blood test. Police have the power to take a sample or if you kick up enough of a fuss and continually refuse and make a general guilty-looking ass of yourself, you then you gain the extra charge of failing to provide a specimen.

How about instead of a fucked up abuse of police powers you tell your friend he should either a) NOT DRIVE STONED or b) get people in his car who can handle the odd chance of a police car driving by.

Personal responsibility is what it's called.
 
I'm no longer a bong smoker but when I was if the police had pulled us over and discovered Marijuana all they would do was tip out the mix and let us go with a warning. I would have to say this happened about 50 times and I was never charged.
 
a friend of mine got busted for this a few years ago.........he was only 17 at the time.........I felt that they should have notified his parents before rushing him off to the hospital for blood tests but what can u do..........as it was they took his licence of him for 12 months but decided not to give him a criminal record.

He had to pay a small fine and also some doe for victiums of crime or some such thing.

The repoort on the tests said in there opinion he had enough in his system to be a danger on the road.

They were right.........when the cop pulled him over, he told him to get out of the car and when he did the cop shone a torch in his face and my mate nearly fainted............I think from memory he buckled a bit.
 
twominds said:
I'm no longer a bong smoker but when I was if the police had pulled us over and discovered Marijuana all they would do was tip out the mix and let us go with a warning. I would have to say this happened about 50 times and I was never charged.

And people say they learn from their mistakes...you my son are very lucky indeed.

I would have taken the hint after the 1st time it happed.:\
 
Top